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Effective Judicial Protection and the Rule of Law in the European Union: A doctrinal analysis of Articles 19 (1) TEU, 47 CFR and 2 TEU

Valera, Matteo LU (2025) JAEM03 20251
Department of Law
Faculty of Law
Abstract (Swedish)
The effective judicial protection has always been a key concern for the Court of Justice. This thesis analyses the development and constitutional consolidat-ion of effective judicial protection in European Union law. Through a doctrinal and case law analysis, the study traces how effective judicial protection evolved from a procedural limitation rooted in the logic of the Rewe effectiveness into a structural guarantee enshrined in Article 47 of the Charter of Fundamental Rights, Article 19(1) second subparagraph of the Treaty on European Union and Article 2 Treaty on the European Union.
The second chapter examines the roots and the jurisprudential trajectory of effective judicial protection, distinguishing it from the Rewe doctrine and... (More)
The effective judicial protection has always been a key concern for the Court of Justice. This thesis analyses the development and constitutional consolidat-ion of effective judicial protection in European Union law. Through a doctrinal and case law analysis, the study traces how effective judicial protection evolved from a procedural limitation rooted in the logic of the Rewe effectiveness into a structural guarantee enshrined in Article 47 of the Charter of Fundamental Rights, Article 19(1) second subparagraph of the Treaty on European Union and Article 2 Treaty on the European Union.
The second chapter examines the roots and the jurisprudential trajectory of effective judicial protection, distinguishing it from the Rewe doctrine and as-sessing its growing constitutional status in protecting the values of the European Union. The third chapter focuses on the application of Article 19(1) Treaty on the European Union, particularly in cases concerning judicial independence in the Member States in the context of the so-called rule of law backsliding, culminating in a discussion of the recent PT case, which marks a substantive turn in the Court’s approach. The fourth chapter develops a reflection on the use of Article 2 Treaty on the European Union particularly the rule of law value, as a provision which is safeguarded by Article 19 (1) Treaty on the European Union and 47 Charter of Fundamental Rights, that may however also become a provision to guarantee effective judicial protection beyond the scope of the other provisions. (Less)
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author
Valera, Matteo LU
supervisor
organization
course
JAEM03 20251
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Rule of Law, Effective Judicial Protection, Article 19 TEU, Article 47 CFR, Article 2 TEU, values, effectiveness
language
English
id
9205591
date added to LUP
2025-06-30 10:57:53
date last changed
2025-06-30 10:57:53
@misc{9205591,
  abstract     = {{The effective judicial protection has always been a key concern for the Court of Justice. This thesis analyses the development and constitutional consolidat-ion of effective judicial protection in European Union law. Through a doctrinal and case law analysis, the study traces how effective judicial protection evolved from a procedural limitation rooted in the logic of the Rewe effectiveness into a structural guarantee enshrined in Article 47 of the Charter of Fundamental Rights, Article 19(1) second subparagraph of the Treaty on European Union and Article 2 Treaty on the European Union.
The second chapter examines the roots and the jurisprudential trajectory of effective judicial protection, distinguishing it from the Rewe doctrine and as-sessing its growing constitutional status in protecting the values of the European Union. The third chapter focuses on the application of Article 19(1) Treaty on the European Union, particularly in cases concerning judicial independence in the Member States in the context of the so-called rule of law backsliding, culminating in a discussion of the recent PT case, which marks a substantive turn in the Court’s approach. The fourth chapter develops a reflection on the use of Article 2 Treaty on the European Union particularly the rule of law value, as a provision which is safeguarded by Article 19 (1) Treaty on the European Union and 47 Charter of Fundamental Rights, that may however also become a provision to guarantee effective judicial protection beyond the scope of the other provisions.}},
  author       = {{Valera, Matteo}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Effective Judicial Protection and the Rule of Law in the European Union: A doctrinal analysis of Articles 19 (1) TEU, 47 CFR and 2 TEU}},
  year         = {{2025}},
}